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HomeMy WebLinkAboutReports - 2023.07.20 - 40260 AGENDA ITEM: Fleet Expansion of One (1) Vehicle for Park Operations DEPARTMENT: Facilities Management - Support Services MEETING: Board of Commissioners DATE: Thursday, July 20, 2023 8:35 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3056 Motion to approval of the Lease Agreement with General Motors and the expansion of the County Fleet of one (1) pick-up truck to be utilized by Parks staff at Holly Oaks Off-Road Vehicle Park. ITEM CATEGORY SPONSORED BY Lease Yolanda Smith Charles INTRODUCTION AND BACKGROUND Facilities Management - Support Services and Parks and Recreation are requesting approval to enter into a new lease with General Motors (GM). In 2021, Parks and Recreation entered into a lease with GM for a Chevy pick-up truck for use at Holly Oaks ORV Park for $0. In exchange, GM received up to 15 days at the park for research and development. This partnership works very well for Holly Oaks as GM typically books days only about a week out, meaning they rarely book days where Parks might otherwise have a paid rental. GM has offered a 2-year, $0 lease of a pick-up truck for use at Holly Oaks ORV Park in exchange for 15 rental days at Holly Oaks for research, testing, and demonstrations with a lease period of April 21, 2023 through April 21, 2025. Due to the success of this partnership and staff’s desire to keep the truck for another 2 years, Parks is proposing to extend the lease until 2025, with the same parameters as the previous lease (2-year lease for $0 in exchange for 15 days at the park for GM). The addition of the leased vehicle requires an addition of one (1) department leased vehicle, a pick-up truck, to the Facilities Management-Support Services County Fleet. The Oakland County Board of Commissioners adopted a leased vehicle policy through MR #93230 which was amended by MR #94357 and superseded by MR #19004 requiring additional vehicles to be approved by the Board of Commissioners. A budget amendment is not required. POLICY ANALYSIS Support Services and Parks and Recreation are requesting approval to enter into a new lease with General Motors (GM) for 2-years, $0 cost lease for a pick-up truck for use at the Holly Oaks ORV Park in exchange for 15 rental days at the ORV Park for research, testing, and demonstrations (as the current lease implemented in 2021). The Chevy pick-up truck is the same vehicle leased in 2021; however, GM requires a new lease with the expiration of the previous lease. The lease period is from April 21, 2023, through April 21, 2025. The leased vehicle requires an addition of one (1) department leased vehicle, a pick-up truck, to the Facilities Management-Support Services County Fleet. MR #19004 requires all additional vehicles to be approved by the Board. Corporation Counsel has reviewed and approved. A budget amendment is not required. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Todd Birkle, Manager Support Services Melissa Prowse, Manager - Parks & Recreation Planning & Development ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023 AGENDA DEADLINE: 07/30/2023 8:35 PM ATTACHMENTS 1. LOV TEMPLATE OCPR CC Revised by CC Final 7_10_2023.V2 COMMITTEE TRACKING 2023-07-12 Economic Development & Infrastructure - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Angela Powell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed PROMOTER Loan of Vehicle Terms and Conditions and Vehicle Receipt [Chevrolet] Motor Division of General Motors LLC ("DIVISION") agrees to loan the following Vehicle(s) to [the County of Oakland] ("PROMOTER") from approximately [ ] to [ ], upon the terms set forth below: MAKE: MODEL: VIN: PROMOTER's ADDRESS: 1200 N. Telegraph Road, Pontiac, MI 48340 (Street)(City)(State)(Zip Code) PHONE: 248-249-2801 Terms: l. The Vehicle(s) is/are, and shall remain, the property of DIVISION. 2. At delivery PROMOTER agrees to conduct an inspection of the Vehicle(s). If there is any damage to any Vehicle(s), PROMOTER shall immediately so notify DIVISION and ESIS, DIVISION's insurance claims administrator, in writing, prior to taking delivery of the Vehicle. PROMOTER hereby waives, on behalf of itself and any party claiming by or through PROMOTER, any claim that damages to the Vehicle existed prior to delivery to PROMOTER, unless PROMOTER provides timely notice of those damages as required under this paragraph. 3. PROMOTER agrees that: (a) the Vehicle(s) will not be utilized illegally, improperly, for hire, as a public conveyance or in any manner for any political purpose whatsoever; (b) the Vehicle(s) shall be driven in a safe and prudent manner by insured, licensed drivers, twenty-one (21) years of age or older who meet the GM Safe Driving Program Driver Conduct Requirements (attached) and who are officers, directors, employees, agents or subcontractors of PROMOTER or who are driving the Vehicle(s) while on business related to the activities contemplated under this Agreement; (c) PROMOTER shall ensure that no-one modifies, disconnects, or otherwise interferes with the operation of the odometer, emission control equipment, or any other equipment; (d) PROMOTER acknowledges receipt of and will obtain from each driver of a Vehicle a signed Driver Conduct Requirements form and shall retain each executed form for three (3) years and provide them to DIVISION at DIVISION's request; (e) PROMOTER will report ALL incidents/crashes involving a Vehicle to ESIS (General Motors' insurance claims administrator) at 1-800-888-0154 and to DIVISION and will follow instructions provided in the glove compartment of the Vehicle; (f) without limiting or altering any insurance obligations contained in this Agreement, PROMOTER will cooperate with DIVISION in the defense of any claims or lawsuits related to PROMOTER's use or possession of any Vehicle; (g) PROMOTER will not make any repairs to a Vehicle without the explicit prior consent of ESIS; (h) PROMOTER shall be responsible for all fines, forfeitures and penalties incurred by reason of the use of the Vehicle(s) by PROMOTER. 4. DIVISION MAKES NO WARRANTY OTHER THAN THAT EXPRESSED IN ITS NEW VEHICLE LIMITED WARRANTY, A PRINTED COPY OF WHICH IS FURNISHED WITH THE VEHICLE. DIVISION authorizes PROMOTER to obtain, on DIVISION's behalf as owner of the Vehicle(s), such warranty service as is necessary and provided for under the new vehicle limited warranty. Ordinary operating expenses such as gas, oil, grease, tire repair and other incidentals are the responsibility of PROMOTER. 5. Each party to this agreement shall be responsible for any Claims (as defined below) made against that party by a third party, and for the acts of its employees arising under or related to this agreement. Each party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees, for any Claim that may arise from the performance of this agreement. "Claims" means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a party, or for which a party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. In addition PROMOTER agrees to obtain and maintain, at its own expense, comprehensive automobile liability insurance (covering all owned, non-owned and hired vehicles) with limits of not less than $5,000,000 per occurrence combined single limit for personal injury and property damage, including all statutory coverage for all states of operation. PROMOTER shall maintain appropriate self-insurance coverage to address physical damage to the Vehicle(s). Prior to receipt of the Vehicle(s), PROMOTER will provide DIVISION with a certificate of insurance evidencing General Motors LLC as an additional insured, stating that such insurance is primary in coverage to any other insurance which may be available to General Motors LLC, and providing at least thirty (30) days' prior written notice to DIVISION of cancellation, modification, or material change to the policy. 6. At the end of the term of the loan, or earlier if requested by DIVISION, PROMOTER will return the Vehicle(s) to the nearest DIVISION office or such other location as designated by DIVISION, in the same condition as delivered, reasonable wear and tear excepted (based on GM guidelines). Prior to return of the Vehicle(s), DIVISION, or its insurance claims administrator, shall conduct an inspection of the Vehicle(s). PROMOTER shall have a representative present at the inspection. If PROMOTER fails to have a representative present at the inspection of the Vehicle(s), PROMOTER expressly waives any right to contest the results of the inspection. If a Vehicle must be recovered by DIVISION or requires repairs to restore it to the condition in which it was delivered, then PROMOTER will pay DIVISION the costs to recover the Vehicle and the costs of any damage based on a repair estimate by a certified appraisal service or dealer. If, in DIVISION's opinion, a Vehicle cannot or should not be repaired based upon General Motors LLC's policy for repairing/scrapping damaged vehicles, then the Vehicle must be returned to DIVISION and the PROMOTER will pay DIVISION the Vehicle's value, based upon the following formula: The amount General Motors LLC would have received if the Vehicle had been sold at auction the month the Vehicle was damaged based on a similar make and model year vehicle with similar mileage, as determined by GM Remarketing Staff, Fleet and Commercial Operations sale results report, less (i) the salvage value of the Vehicle(s) as determined by DIVISION based on competitive salvage bid, or (ii) $4,000 if there are no salvage bids. Authorized PROMOTER Signature: Print Name: Title: Date: Included with LOV (Loan of Vehicle): 1.15 rental days at the park, no more than 5 of these days during peak season of July – September. 2.Recognition on the truck – OCPR has placed decals (approved by GM) on the truck to showcase this partnership. The decals are still in very good condition, and OCPR will replace as needed. 3.Recognition on OCPR social media channels and Web site to promote the use of the truck at Holly Oaks ORV Park. General Motors Safe Driving Program Driver Conduct Requirements PURPOSE / EVENT: ___________________________________________________________________________ (Location / Date) I understand the loan of this Vehicle is subject to the following terms, and verify that I am twenty-one (21) years of age or older, posses a valid U.S. operator’s license, and will: 1. Display such license to the vehicle key issuer at each Vehicle exchange, and will comply with all license restrictions. 2. Never drive while impaired by alcohol, drugs, medication, illness, fatigue, or injury; Smoking in the vehicle is prohibited. 3. Ensure the proper use of safety belts and child safety restraints for all occupants. 4. Obey all applicable motor vehicle laws, codes, and regulations, including all local ordinances and/or state laws addressing the use of hand-held communication devices. 5. Never read or type text messages or emails when driving; Always use hands-free technology if call must be placed or received while driving. 6. Drive in a defensive manner, anticipating situations where incidents are likely to occur. 7. Refrain, at all times, from using radar/laser detection devices. 8. Plan trips by selecting the safest route, depart early enough to observe posted speed and traffic regulations, and will be mindful of current and forecasted weather conditions. 9. Report all incidents/crashes involving the Vehicle to ESIS (General Motors’ insurance claims administrator) at 1-800- 888-0154 (direction is provided in the glove compartment of the vehicle). 10. Not permit any other person to operate the Vehicle. 11. Acknowledge that GM will utilize OnStar (see Reference Guide) or other additional data recorders or instruments installed on the Vehicle(s) to monitor and collect information including, but not limited to, vehicle location, performance, speed, mileage and seat belt usage. For more information on GM’s Privacy statements, please see the owner’s manual in the glove box or on the web at http://www.onstar.com/web/portal/privacystatement. Furthermore, by signing this receipt and acknowledgment, I verify that I have not been convicted within the past 5 years of any of the following motor vehicle violations: 1. Driving while operator’s license is restricted, suspended, revoked, or denied. 2. Vehicular manslaughter, negligent homicide, felonious driving or felony with a vehicle. 3. Operating a vehicle while impaired, under the influence of alcohol or illegal drugs, or refusing a sobriety test. 4. Failure to stop or identify after a crash (includes leaving the scene of a crash; hit and run; giving false information to an officer). 5. Eluding or attempting to elude a law enforcement officer. 6. Traffic violation resulting in death or serious injury. 7. Any other significant violation warranting suspension of license. Driver’s Name: ____________________________________________(Please Print) Driver’s Signature:__________________________________________ State of Issuance: _________ Date of Expiration: __________ (i.e. MI) GM VEHICLE DRIVER CONDUCT REQUIREMENTS FORM (MARCH2011)